Hung Jury Means a Third Trial for Timothy McKinney

Yesterday, a criminal court judge declared a mistrial in the capital murder case against Timothy McKinney after jurors said they could not reach a unanimous decision. Their final vote was 11-1 for guilty of first degree murder in the 1997 death of Don Williams, an off-duty Memphis police officer.

McKinney spent 13 years on death row but was awarded a new trial in 2010 by the Tennessee Court of Criminal Appeals after reviewing the troubling facts of his case, including inadequate defense. During this retrial, which started last Monday and lasted eight days, McKinney’s defense attorneys called witnesses to the stand who insisted that the shooter who killed Williams was someone else.

McKinney remains in jail without bond. Both the defense and the state prosecutor are anxious for a new trial date. The lawyers will meet with Criminal Court Judge Lee Coffee next Tuesday to set the date for the third trial.

(Photo: Defense attorney Gerald Skahan (left) talks to Timothy McKinney after Judge Lee Coffee declared a mistrial in the retrial of McKinney on Monday. By: Alan Spearman)

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